Alomo 2 1 black gold.
Everyday Law for Everyday people.
Daniel, a 32-year-old software engineer, meets Ama, a 29-year-old graphic designer, at a social event in Accra. They spend the evening together and later return to Ama’s residence.
Before engaging in sexual intercourse, Daniel expressly states that he does not want children and is careful to avoid any possibility of pregnancy. Ama agrees that the encounter is intended to be a casual, one-time sexual relationship. Daniel uses a condom throughout intercourse.
After ejaculation, Daniel removes the condom, ties it, and disposes of it in a wastebasket located in Ama’s bathroom. He spends a short period of time at the residence before leaving.
Unknown to Daniel, after he departs, Ama retrieves the discarded condom from the wastebasket. Desiring to become pregnant and believing Daniel possesses qualities she would like in the father of her future child, she extracts semen from the condom using a syringe and artificially inseminates herself.
Several weeks later, Ama discovers that she is pregnant. She does not initially disclose the circumstances of conception to Daniel.
Nine months later, she gives birth to a daughter, Adwoa.
A DNA test subsequently confirms with 99.99% certainty that Daniel is the biological father.
When informed of the circumstances surrounding conception, Daniel states that he never consented to father a child and that his use of a condom demonstrated an affirmative intention to prevent conception. He contends that he has been made a father through conduct that circumvented his reproductive choices.
Ama responds that:
* Daniel voluntarily engaged in sexual intercourse.
* He voluntarily ejaculated.
* He voluntarily discarded the condom in her home.
* The child is biologically his.
* Whatever dispute exists between the adults should not affect the rights and welfare of the child.
Ama applies to court for declarations of paternity, child maintenance, inheritance rights, and other parental obligations.
Daniel commences a separate action seeking declarations that:
* He did not consent to reproduction.
* He should not be treated as a legal parent.
* Alternatively, he should not be liable for child support.
* Alternatively, he should be entitled to damages for the non-consensual use of his genetic material.
You are the judge. How would you rule?